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John Anczarski Jr., 19, was fatally injured on June 20, 2010, in New Mexico.

RINGTOWN - Federal law enforcement records detailing the 15-month investigation of the accident that took the life of cross-country cyclist John Anczarski Jr. last year were made available to the Albuquerque Journal earlier this week through a Freedom of Information Act request, but the 100-page file with blacked out words and many inconstencies only raises more questions.

John Anczarski Jr., 19, was fatally injured on Route 124, a part of Old Route 66, New Mexico, on June 20, 2010, while cycling cross-county with three friends as a member of the "Pink Pedal" to raise money for breast cancer research.

According to the documents, police of the Pueblo of Laguna responding to the accident failed to take a blood sample from the driver who struck Anczarski, Gilbert Waconda, a Laguna tribe member. Records also revealed tribal officers did not diagram the scene, collect evidence or request state police accident reconstructionists.

"The justice system on the pueblo is not doing what they're supposed to," said John Anczarski Sr.

John and Joyce Anczarski, John's parents, received a copy of the documents from the Albuquerque Journal on Friday morning.

"Our minds are constantly thinking about what happened and trying to put it all together," said Joyce Anczarski.

Reports said Laguna police contacted the Bureau of Indian Affairs and Special Agent José Figueroa a day after the accident. Figueroa wrote "they did not think it was a major accident, and offered this as the reason for not calling out the BIA."

The BIA investigates traffic fatalities on tribal land.

Figueroa also wrote in his report that he told a BIA supervisor the "poor response of local tribal police" would require him to "work the case from ... scratch."

The records reveal details about Waconda's physical condition at the time of the accident. The reports said Waconda told Figueroa that he "can't see very well" either at near or far distances. Waconda was also scheduled for eye surgery within two weeks and was told by the surgeon not to wear contacts.

Reports also show Waconda recently had surgery on his right foot and was wearing a soft boot. Several medications were also listed in the report, but were redacted.

An article in the Albuquerque Journal a month after the accident said Waconda was arrested for a DWI in December. Waconda was scheduled to appear in court just a few days after the fatal crash.

"According to those reports, this man should not have been driving that vehicle," said John Anczarski Sr.

A witness at the scene told police Waconda is a "traditional official" for the Pueblo of Laguna, similar to a majordomo, who provides community services. The only other information on Waconda in the report is that he is in his mid-50s.

"Do you know what that's like having the closest person to you killed and not know what the person who hit him even looks like?" said Joyce Anczarski.

Blood was not drawn by police after the accident; however, records show Waconda was transported to a hospital later in the day for an "anxiety attack" and blood was drawn.

The samples remained refrigerated at Acoma-Canoncito-Laguna Hospital in San Fidel, N.M., until November and were not tested until January. Reports said that several hospitals refused to test the blood, questioning the "chain of custody" and its authenticity.

The lab reports of the blood sample said it was tested in Pennsylvania and "confirmed that Mr. Wacona was not intoxicated or otherwise chemically impaired."

John and Joyce Anczarski question why the blood had to be tested in Pennsylvania and why the report doesn't give any statistics when their son's tests were completed right after the accident in New Mexico and contained a much more detailed report.

On Sept. 29, Anczarski's parents received a letter from U.S. Attorney Kenneth Gonzales, Albuquerque, announcing that his office lacked evidence to pursue felony charges against the driver of the vehicle that struck their son.

The letter said that even though Waconda was driving 19 inches outside the white line on the shoulder of the road, it did not prove "Mr. Waconda's conduct rose to the level of recklessness," which is required for manslaughter.

However, officer reports state that measurements taken at the scene "refute Mr. Waconda's statement of not being able to move further to the left in fear of causing a head-on collision."

Anczarski said when he asked Gonzales about the grand jury's decision, Gonzales said he could not divulge that information and said, "It's my decision not to press any charges."

"All of this would've been solved if the Laguna police did their job," said Joyce Anczarski.

John Anczarski remained concerned about the safety of others on the New Mexico highways.

"I just want to know that man is not driving a vehicle if he can't drive it safely," said John Anczarski Sr.

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